The following memorandum has been referred by the Secretary, Department of Home and Territories, to me for advice:

• The Minister for Home and Territories has had under consideration the question of defining the powers and functions of the Administrator of the Northern Territory.

2. Upon being informed that the Minister would be prepared to consider any suggestions he might have to offer in regard to matters respecting which he considers uncertainty at present exists, or in respect of which he considers the scope of his authority should be extended, the Administrator forwarded the attached communication.
3. You will observe that the Administrator directs attention to the provisions of the Northern Territory Administration Act 1910, and Northern Territory Government Ordinance 1911 (copies of which are also attached). The Administrator is of opinion that the law, as it stands, forbids him to exercise or perform any power or function without instructions from the Minister.
4. The Administrator is also of the opinion that many Ordinances made since Ordinance No. 1 of 1911 are ultra vires.
5. The Minister will be pleased if you will advise as early as possible whether, in your opinion, the view of the Administrator in regard to the effect of the Northern Territory Administration Act 1910, and Ordinance No. 1 of 1911 is correct.

Subsections (1) and (2) of section four of the Northern Territory (Administration) Act 1910 are as follows:

4. 1. The Governor-General may appoint an Administrator for the Territory …
   2. The Administrator shall exercise and perform all powers and functions that belong to his office according to the tenor of his Commission, and according to such instructions as are given to him by the Minister.

Sections four and five of the Northern Territory Government Ordinance 1911 are
as follows:

4. The Administrator shall be charged with the duty of administering the Government of the Northern Territory on behalf of the Commonwealth.
5. All powers and functions vested in the Administrator by virtue of this Ordinance shall be exercised by him in accordance with the tenor of his Commission, and in accordance with such instructions as are from time to time given to him by the Ministers.

The Commission issued to the Administrator is as follows:

To

Frederick Charles Urquhart, Esquire

Greeting:

KNOW YOU THAT, in pursuance of the provisions of section 4 of the Northern Territory (Administration) Act 1910, I, Henry William, Baron Forster, the Governor-General aforesaid, acting with the advice of the Federal Executive Council, do hereby appoint you to be the Administrator of the Northern Territory.

GIVEN under my Hand and the Seal of the Commonwealth, etc.

The Administrator, by virtue of his Commission, is charged with the duty of administering the Government of the Northern Territory. The terms of the Commission do not restrict the Administrator in the exercise of his duty of administering the Territory. All powers and functions necessary for that purpose are vested in him subject only to the right of the Minister to give instructions to him. In the absence of any instructions by the Minister, the Administrator may exercise his powers and functions under the various Ordinances as he thinks fit.

As regards the case of the appointment of an Acting Matron quoted by the Administrator, it will be seen from my opinions (Nos., 57 and 197 of 1924) that the appointments were irregular, not because the Administrator had failed to obtain instructions from the Minister, but because the proper authority under the law had not made the appointments.

[Vol. 21, p. 396]